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Worker’s Compensation Updates

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

Employment Law Letter - Fall 2017

by Shipman & Goodwin LLP on

Does Substance Abuse Qualify for FMLA? Some may be surprised to find the answer is yes, provided certain criteria are met. However, a federal judge in Connecticut recently issued a decision that shows the FMLA card can’t...more

Model Leave Request, Certification and Waiver Forms Issued for the New York Paid Family Leave Law

With the January 1, 2018 effective date for the New York Paid Family Leave Law fast approaching, the New York State Workers’ Compensation Board (“WCB”) has issued model paid family leave (“PFL”) request and certification...more

Money Talks

Determining the Proper Average Weekly Wage Calculations to Use - This claim arose from an occupational shoulder injury claim made by a violist in December of 2013. The claim was accepted and the only contested issue was...more

Employment Law This Week®: Extended Leave Not Covered Under ADA, Wellness Program Regulations, Proposed Cybersecurity Regulations,...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Injured Workers in Ohio Must Obtain Employer Consent Before Dismissing the Complaint on Employer Initiated Court Appeals

by Reminger Co., LPA on

The Ohio Supreme Court recently held an injured worker, in a workers’ compensation appeal, cannot dismiss the R.C. 4123.512 court appeal if: (1) it was the employer’s appeal; and (2) the employer does not consent to the...more

Ohio Supreme Court Finds Ohio's "Consent Provision" Constitutional

by Roetzel & Andress on

The Ohio Supreme Court has issued a ruling upholding the so called “consent provision” of Ohio Revised Code Section 4123.512(D), providing added protections to Ohio employers involved in workers’ compensation litigation....more

This Month in Corruption: Improper Billing, Double Dipping, Disability Faking

by PretiFlaherty on

A Dream Most Improper. On September 4, announcements came from the offices of the U.S. Attorney for Massachusetts and the Massachusetts Attorney General that Dental Dreams, a national dental chain with locations in...more

Employee or independent contractor? Right to control is key

by McNair Law Firm, P.A. on

A continuing point of contention in employment law revolves around who is an employee versus who is an independent contractor. The issue seems to come up often in wage and hour cases and workers’ compensation or unemployment...more

Puerto Rico Employers May Pay Their Outstanding Workers' Compensation Debts Owed to the State Insurance Fund Corporation with a...

by Littler on

The Puerto Rican government recently enacted Act 92, which establishes a debt payment incentive plan (the “Plan”) for employers in Puerto Rico that have outstanding debts with the Puerto Rico State Insurance Fund Corporation...more

Temperature Plays A Significant Role in Worker Injuries [Infographic]

by Howard Ankin on

Workers who are exposed to extreme temperatures on the job have a higher risk of injuries and chronic health problems. Exposure to prolonged periods of heat and cold account for thousands of work-related injuries each year....more

7 Business Cases to Follow in the Supreme Court's Fall Term

by Bennett Jones LLP on

The Supreme Court of Canada’s fall term begins on October 2. Scheduled hearings that may interest the business community are described below...more

Employment Law This Week®: NLRB Rulings May Surge, Home Health Pay Dispute, Immigrant Worker Protection Act, Equal Pay Protections

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Ohio Supreme Court Clarifies What Is and What Is Not Appealable to the Court of Common Pleas in Workers’ Compensation Claims

by Reminger Co., LPA on

Confusion on what is and what is not appealable to the Court of Common Pleas has existed for decades. Determining what is and is not appealable to the Court of Common Pleas in workers’ compensation claims became a little...more

Maine Supreme Court Hears Oral Argument in Two Workers’ Compensation Matters Involving Old-age Social Security Offset and Medical...

by PretiFlaherty on

The Maine Supreme Court heard oral argument in two workers’ compensation cases on September 13, 2017. In Victor Urrutia v. Interstate Brands International, WCB 16-524, an Administrative Law Judge ordered that the employer...more

Employment Law This Week®: D.C. Policy Update, Wage and Hour Administrator Nominee, DOL’s 80/20 Rule

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Workers’ Comp Release Doesn’t Cover FMLA Claims, Says Third Circuit

On Monday, September 11, 2017, the U.S. Court of Appeals for the Third Circuit held, in a precedent-setting opinion, that a workers’ compensation compromise and release agreement (C&R) did not prevent a former Boscov’s...more

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more

Employment Law This Week®: EEOC Pay Data Collection Requirement, DOL Overtime Rule, Parental Leave Policies, NYS Paid Family Leave...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

by Fisher Phillips on

This list of frequently asked questions was originally prepared by the law firm of Fisher Phillips in 2005, in response to Hurricanes Katrina, Rita and Wilma. It has been updated several times over the course of the past 12...more

Several Pertinent Changes to Workers' Compensation Laws

by Reminger Co., LPA on

Recently, Governor Kasich passed the Workers’ Compensation Budget under H.B. 27. In doing so, there were also some changes in several of the laws affecting the workers’ compensation system. Not only did Governor Kasich...more

Waiving Legal Arguments

In Bentley v. Jonathan Piner Construction, the N.C. Court of Appeals addressed when a legal issue would be deemed waived by a party. The Court also addressed whether an injured worker was an independent contractor or...more

Average Weekly Wage – Fair and Just?

The Ball v. Bayada Home Health Center, __ N.C. App. ___, (2017), decision is a good reminder that N.C.G.S. § 97-2(5) provides five different methods to calculate average weekly wage, depending on the facts and circumstances...more

Total Eclipse of Comp

Examining An Injury Resulting from an Eclipse Under North Carolina Law - On August 21, 2017, many of us in North Carolina looked up at the sun to view the rare phenomenon of a total or near total eclipse. In most...more

Twin City Fire Ins. Co. v. Leija - Workers’ Compenstation Insurer’s Subrogation Lien on Settlement Proceeds Can Be Reduced by...

An injured worker who accepts workers’ compensation cannot sue his employer. If the worker obtains settlement funds from a third party, the workers’ compensation carrier may obtain a lien on that recovery to the extent of the...more

Ohio Makes Significant Changes To Workers' Compensation Laws

by Roetzel & Andress on

Ohio Governor John Kasich recently signed House Bill 27 into law, starting the clock running on several significant changes to Ohio’s Workers’ Compensation statutes. The amendments are effective September 29, 2017....more

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